Expert: Chris Wagoner - 11/16/2009

Question
QUESTION: Hi -

In 2006, a person hacked into all my email accounts. I reported this crime to the sheriff's department in my county (fl) in which they stated they followed up on the allegations made by me. This person which hacked my accounts also began to make fake social networking sites with my personal information. In essence, this person made it seem as though I was opening all the social networking accounts myself since the person had my personal information and my email accounts. After making contact with the person who hacked into my accounts, they admitted everything they had done. I provided all evidence to the detective handling my case and never heard from him again. The evidence provided include print outs of all conversations between myself and the suspect coupled with IP addresses linking the computer to be the same as the one used to hack and make fake accounts.

Fast forward to present time, 2009, and this is still continuing. According to the detective who handled my case in 2006, the statute of limitations has past and there is nothing that can be done for that case. I indicated to the detective that I had evidence from the last time we spoke (oct 2006) for a new case. This new evidence is from 2006 to present time which shows all fake social networking sites with my personal information and the email accounts which were hacked.

There is more to the story, of course, but the main things were outlined above.

I moved to the neighbor county and they indicate to me that since this person has not threatened me or gained any monetary value then no crime has been committed. I advised them that I have also been a victim of identity theft which I am more than certain was a result of the same person. I was told by the State Attorney's Office that I will need to file police reports with the county I reside in from the time that I moved (which would be 2008).

My questions are:
1) Is it a crime what this person has and continues to do? Making fake profile accounts with my personal information, hacking into my emails and in essence, stealing my identity?
2) If it is a crime, what would it be classified under?
3) Do I fill out a police report in the county I reside or in the county the person who is doing this resides? (According to the sheriff's department, I am to fill out the police report in the county which the person resides - about 100 miles away.)
4) What documentation do I need to prove that this person has done this? I have printout outs of every profile made, of correspondence with the sites to take the profiles off, screen names, IP address and anything else I could get.

Please help! The sheriff's department won't help me at all. I have exhausted all avenues and do not know what to do.

thank you!

ANSWER: Hi Jen,

1) Is it a crime what this person has and continues to do? Making fake profile accounts with my personal information, hacking into my emails and in essence, stealing my identity?

Yes it is a crime, called cyberstalking for the harassment and the breaking into the e-mail accounts is another crime. I see several here. And as for statue of limitations, that all depends on the level of crime they are charging the person with, and it is from the time of the crime until they are charged.

Here are the Florida Statue of Limitations for criminal charges: Felonies Felony that resulted in death: none; perjury in official proceeding that relates to prosecution of a capitol felony: none; Capital or life felony: none; 1st degree felony and 2nd degree felony for abuse or neglect of aged or disabled adult: 5 yrs.; others: 3 yrs.; other felony, violation of securities transaction: 5 yrs.; violation of environmental control: 5 yrs. of date of discovery; any offense which fraud or breach of fiduciary obligation is a material element: 3 yrs.; misconduct in public office: within 2 yrs. of leaving office or any above limit, whichever is greater; sexual offenses (battery, assault, intercourse under age 18): begins running at age 16 or when violation is reported, whichever is earlier.

Misdemeanors Other 1st degree misdemeanors: 2 yrs.; 2nd degree and noncriminal violations: 1 yr.


2) If it is a crime, what would it be classified under?

815.06. Offenses against computer users

 (1) Whoever willfully, knowingly, and without authorization accesses or causes
to be accessed any computer, computer system, or computer network;  or whoever
willfully, knowingly, and without authorization denies or causes the denial of
computer system services to an authorized user of such computer system
services, which, in whole or part, is owned by, under contract to, or operated
for, on behalf of, or in conjunction with another commits an offense against
computer users.
 (2) (a) Except as provided in this subsection, an offense against computer
users is a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
 (b) If the offense is committed for the purposes of devising or executing any
scheme or artifice to defraud or to obtain any property, then the offender is
guilty of a felony of the second degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.

I would say a thrid degree felony if they access your e-mail accounts.

(d)  "Cyberstalk" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2)  Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


3) Do I fill out a police report in the county I reside or in the county the person who is doing this resides? (According to the sheriff's department, I am to fill out the police report in the county which the person resides - about 100 miles away.)

You call the police where you live to report it. If it is happening now, call your local police department.


4) What documentation do I need to prove that this person has done this? I have printout outs of every profile made, of correspondence with the sites to take the profiles off, screen names, IP address and anything else I could get.

You do not have to have any proof. The police are supposed to get that for you. If you have any you can provide it if you want.

The original investigator should have had all this done by now. Sorry.



---------- FOLLOW-UP ----------

QUESTION: How do I tell the sheriff's department where I live that the report is to be completed by them? They are being very stubborn and stating that the report is to be filed in the county where the suspect lives.

Thank you so much! You have restored a bit of hope that something can be done.

ANSWER: Hi Jen,

It may be because they do not have anyone on staff that does computer crime investigations. Court Cases have determined that computer (internet) crimes are able to be investigated at either the victims or suspects location. Since the internet is so vast and the victim can be in one country and the suspect in another, you have to have flexability in where you base the investigations.

Call your local state attorney office and ask to speak to whoever handles computer or internet crimes and ask them for help. They may be able to help direct the Sheriff's Office in the right direction.

---------- FOLLOW-UP ----------

QUESTION: Hi -

I spoke with the Economics Crime Unit at the Sheriff's Department and they advised that a police report had to be completed via dispatch - it will then be forwarded to them. Once I spoke to dispatch they advised that I needed to go to the station; once at the station the person who handles the initial reporting told me I needed to go to the county where the suspect lives.

I have spoken with the State Attorney's Office and the only thing they could tell me was "go to the Sheriff's Department, fill out a police report, once they investigate and think that we should take a look at it then we will."

Once again, I keep getting the run-around from EVERYONE!! Not only is it frustating but it is absurd that no one will help me.

I will attempt to have someone at the Sheriff's Office complete a police report.

I don't know what to do anymore and no one is helping me.

Thank you so much.  

Answer
Hi Jen,

You always have the right to ask to speak to a supervisor at the Sheriff's Office and tell them you are not getting any help and you have repeatedly asked and done as you were told. I would call them and ask to speak to the supervisor of investigations. If they don't help you, call back and ask for that supervisors supervisor and so on. You will get help trust me.

Be well and good luck. Let me know what happens..